O-153-5-73CITY OF ALLEN ORDINANCE NO. 153
AN ORDINANCE PROHIBITING DRILLI10 AND MINING:
PROVIDING DEFINITIONS; PROVIDING EXCEPTIONS;
DECLARING DRILLING AND MINING TO BE A PUBLIC
NUISANCE; PROVIDING FOR INJUNCTIVE RELIEF;
46 PROVIDING FOR A PENALTY THEREOF; PROVIDING FOR
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND
EFFECTIVE. DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION I - Definitions: As used in this Ordinance:
a) The to sm "drilling and mining" means any activity
which is intended to produce, lave or make available any
011, gas, sulphur, fissionable materials or other minerals
in and under the land, and is illustrated by, but not
limited to, the following:
1) investigating
2) exploring
3) prospecting
4) drilling
5) mining
b) "Person" means a natural or legal person, parent,
guardian, association, firm or company, whether incorporated
or unincorporated.
SECTION II - Prohibition: It shall be unlawful for any
parson to commit any drilling or mining, ae that term In
heretofore defined, or to permit any Such violation of this
Ordinance, within in the corporate limits of the City of Allen.
SECTION III - Exceptions: This Ordinance shall not
apply to any drilling or mining, 11 the term is heretofore
defined, within an area which is zoned "Agricultural", as
that term is defined in General Zoning Ordinance of Allen
nor shall this Ordinance apply to any drilling which 1s
Intended to produce fresh water for public or private
1 . consumption.
SECTION IV - Public Nuisance: The pre Bence of any
drilling and mining activity in violation of this Ordinance
is hereby declared to be a public nuisance. Notwithstanding
any penal provision afforded in this Ordinance, the City
Attorney is authorised to file suit on behalf of the City
of Allen for such injunctive relief as may be necessary
to prevent the violation of any provisions of this
Ordinance.
SECTION V - Penalty; Any person who violates any
Provision of this Ordinance shall be guilty of a misdemeanor
and upon conviction therefor shall be fined any sum not
�. exceeding $200.00. Each day that A violation continue,
shall be considered a separate offense; providing, however,
that such penal provision shall not preclude A suit to
enjoin such a violation.
SECTION VI - SavinW Clause; That should any part or
Portion of this Ordinance be declared unconstitutional
by a Court of competent jurisdiction, it is expressly
provided that the remaining portion of this Ordinance
shall remain in full force and effect.
SECTION VII
- Publlcatl=:
The
caption
of this
Ordinance shall
be Published one
M
time in
a weekly
+
newspaper having
general publication
in the
City of
•
Allen, Texas, and said Ordinance shall be effective
Issas diately upon its adoption and publication and It
Is
is so ordered.
—`,
DULY PASSED AND APPROVED BY THE CITY COUNCIL OP
THE
----yyyyCITY ����OF ALLEN, TEXAS, on this the 7 day of
• 1973
CORRECTLY RECORDED:
City Secretary
Frank uggsr, eyor
City of A11en, Taxes